Legal Question in Family Law in Texas

Divorced with bad credit

My 1st wife and I were divorced in 2001, the decree stated she would recieve the house and property as her own. Years later I'm trying to get an apartment but the credit check shows my name is still on the mortgage. After contacting the mortgage company and showing them the certified decree they still won't remove my name from the lease(mortgage). Aren't they legally bound to remove my name due to the divorce decree?


Asked on 9/21/04, 7:28 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Divorced with bad credit

No. A court does not have the authority to remove your name from a mortgage.

You entered into a legally binding contract with the mortgage company. A court cannot interfer with that contract.

The only way to get your name off the note is for your ex to sell the property or the house needs to be refinanced.

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Answered on 9/21/04, 11:23 am


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